Question 1

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Accepted Answer

A) True 
 B)False

Question 2

Global Insulation Company makes and sells fire-retardant building materials.To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public,most courts would engage in​

Accepted Answer

A)  a risk-utility analysis.
B)  a consumer-expectations test.
C)  a critical,statistical analysis.
D)  a marketing test.E) C) and D)
F) All of the above

Question 3

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Accepted Answer

A) True 
 B)False

Question 4

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC) ,alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat.BMC can most successfully assert the defense of​

Accepted Answer

A)  preemption.
B)  assumption of risk.
C)  comparative negligence.
D)  knowledgeable user.E) A) and C)
F) B) and C)

Question 5

Assumption of risk is no defense to a product liability action.

Accepted Answer

A) True 
 B)False

Question 6

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

Accepted Answer

A) True 
 B)False

Question 7

Cookin' Products Company makes heat convection ovens.DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,DeAnn must show that she​

Accepted Answer

A)  bought the oven from Cookin'.
B)  did not misuse the oven.
C)  suffered an injury caused by the defect.
D)  did not know of the defect.E) B) and D)
F) None of the above

Question 8

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

Accepted Answer

A) True 
 B)False

Question 9

The extreme risk of an activity is a defense against imposing strict liability.

Accepted Answer

A) True 
 B)False

Question 10

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process.In a product liability suit against Therapy by a party allegedly injured by one of the devices,the company can most successfully raise the defense of​

Accepted Answer

A)  preemption.
B)  assumption of risk.
C)  comparative negligence.
D)  knowledgeable user.E) B) and C)
F) A) and D)

Question 11

Digg Deep Inc.makes and leases a backhoe to Estes.Due to a defect attributable to Digg Deep's negligence,Estes is injured in an accident in which his neighbor Fortis is also hurt.In a product liability suit based on negligence,Digg Deep may be liable to​

Accepted Answer

A)  Estes only.
B)  no one.
C)  Estes and Fortis.
D)  Fortis only.E) A) and B)
F) All of the above

Question 12

The brakes on Ned's Overland truck malfunction,but he continues to drive it.Unable to slow down,he crashes through a guardrail and careens off the road.In Ned's suit against Overland,the truck maker can raise the defense of​

Accepted Answer

A)  commonly known dangers.
B)  assumption of risk.
C)  inadequate warning.
D)  product misuse.E) C) and D)
F) None of the above

Question 13

Camp Gear,Inc. ,makes and sells a camp stove to Devin.Camp Gear fails to exercise "due care" to make the stove safe,however,and Devin is injured as a result.Camp Gear is most likely liable for​

Accepted Answer

A)  assumption of risk.
B)  commonly known danger.
C)  negligence.
D)  product misuse.E) C) and D)
F) B) and D)

Question 14

Safe-T Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-T,alleging a warning defect.In deciding whether to hold Safe-T liable,the court may consider​

Accepted Answer

A)  consumers' general failure to read the product's warnings.
B)  the plaintiff's specific failure to read the product warnings.
C)  the obvious risks of other products.
D)  the obvious risks of this product.E) A) and D)
F) All of the above

Question 15

To make and sell fireplaces,Hearth,Inc. ,buys igniters,tubing,and other parts from Inflame Parts and installs them without modification.If the parts are defective,strictly liable for any damage caused by the defects​

Accepted Answer

A)  are neither Hearth nor Inflame.
B)  are Hearth and Inflame.
C)  is Inflame only.
D)  is Hearth only.E) A) and B)
F) B) and C)

Question 16

Eco Products,Inc. ,makes espresso machines and sells one to Fresh Roast Café.Gus,a café' employee,is injured when the machine malfunctions.If the injury occurred as a result of a misrepresentation about the product,Eco is most likely liable for​

Accepted Answer

A)  negligence.
B)  fraud.
C)  privity.
D)  puffery.E) None of the above
F) C) and D)

Question 17

A statute of limitations may restrict the time within which an action in product liability may be brought.

Accepted Answer

A) True 
 B)False

Question 18

Garden Tool Company makes chain saws.Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence.To win,Hadrian must show that​

Accepted Answer

A)  Garden did not use due care with respect to the trimmer.
B)  Garden used puffery in its advertising.
C)  Hadrian was not experienced in the use of trimmers.
D)  Hadrian was in privity with Garden.E) None of the above
F) A) and D)

Question 19

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Accepted Answer

A) True 
 B)False

Question 20

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Accepted Answer

A) True 
 B)False

Exam 7: Strict Liability and Product Liability

Garden Tool Company makes chain saws.Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence.To win,Hadrian must show that​

Correct AnswerverifiedShow Answer

A statute of limitations may restrict the time within which an action in product liability may be brought.

Correct AnswerverifiedShow Answer

Cookin' Products Company makes heat convection ovens.DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,DeAnn must show that she​

Correct AnswerverifiedShow Answer

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process.In a product liability suit against Therapy by a party allegedly injured by one of the devices,the company can most successfully raise the defense of​

Correct AnswerverifiedShow Answer

To make and sell fireplaces,Hearth,Inc. ,buys igniters,tubing,and other parts from Inflame Parts and installs them without modification.If the parts are defective,strictly liable for any damage caused by the defects​

Correct AnswerverifiedShow Answer

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

Correct AnswerverifiedShow Answer

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Correct AnswerverifiedShow Answer

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC) ,alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat.BMC can most successfully assert the defense of​

Correct AnswerverifiedShow Answer

Global Insulation Company makes and sells fire-retardant building materials.To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public,most courts would engage in​

Correct AnswerverifiedShow Answer

Digg Deep Inc.makes and leases a backhoe to Estes.Due to a defect attributable to Digg Deep's negligence,Estes is injured in an accident in which his neighbor Fortis is also hurt.In a product liability suit based on negligence,Digg Deep may be liable to​

Correct AnswerverifiedShow Answer

Safe-T Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-T,alleging a warning defect.In deciding whether to hold Safe-T liable,the court may consider​

Correct AnswerverifiedShow Answer

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Correct AnswerverifiedShow Answer

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Correct AnswerverifiedShow Answer

Eco Products,Inc. ,makes espresso machines and sells one to Fresh Roast Café.Gus,a café' employee,is injured when the machine malfunctions.If the injury occurred as a result of a misrepresentation about the product,Eco is most likely liable for​

Correct AnswerverifiedShow Answer

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Correct AnswerverifiedShow Answer

The brakes on Ned's Overland truck malfunction,but he continues to drive it.Unable to slow down,he crashes through a guardrail and careens off the road.In Ned's suit against Overland,the truck maker can raise the defense of​

Correct AnswerverifiedShow Answer

Camp Gear,Inc. ,makes and sells a camp stove to Devin.Camp Gear fails to exercise "due care" to make the stove safe,however,and Devin is injured as a result.Camp Gear is most likely liable for​

Correct AnswerverifiedShow Answer

The extreme risk of an activity is a defense against imposing strict liability.

Correct AnswerverifiedShow Answer

Assumption of risk is no defense to a product liability action.

Correct AnswerverifiedShow Answer

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

Correct AnswerverifiedShow Answer

Garden Tool Company makes chain saws.Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence.To win,Hadrian must show that

Correct Answer
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Correct Answer
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Cookin' Products Company makes heat convection ovens.DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,DeAnn must show that she

Correct Answer
verified

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process.In a product liability suit against Therapy by a party allegedly injured by one of the devices,the company can most successfully raise the defense of

Correct Answer
verified

To make and sell fireplaces,Hearth,Inc. ,buys igniters,tubing,and other parts from Inflame Parts and installs them without modification.If the parts are defective,strictly liable for any damage caused by the defects

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Rose,who is obese,files a product liability suit against Burger Meal Corporation (BMC) ,alleging that BMC's food is unhealthy because,as Rose knows,it contains high levels of cholesterol and saturated fat.BMC can most successfully assert the defense of

Correct Answer
verified

Global Insulation Company makes and sells fire-retardant building materials.To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public,most courts would engage in

Correct Answer
verified

Digg Deep Inc.makes and leases a backhoe to Estes.Due to a defect attributable to Digg Deep's negligence,Estes is injured in an accident in which his neighbor Fortis is also hurt.In a product liability suit based on negligence,Digg Deep may be liable to

Correct Answer
verified

Safe-T Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-T,alleging a warning defect.In deciding whether to hold Safe-T liable,the court may consider

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Eco Products,Inc. ,makes espresso machines and sells one to Fresh Roast Café.Gus,a café' employee,is injured when the machine malfunctions.If the injury occurred as a result of a misrepresentation about the product,Eco is most likely liable for

Correct Answer
verified

Correct Answer
verified

The brakes on Ned's Overland truck malfunction,but he continues to drive it.Unable to slow down,he crashes through a guardrail and careens off the road.In Ned's suit against Overland,the truck maker can raise the defense of

Correct Answer
verified

Camp Gear,Inc. ,makes and sells a camp stove to Devin.Camp Gear fails to exercise "due care" to make the stove safe,however,and Devin is injured as a result.Camp Gear is most likely liable for

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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